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Ethics Commission fines mayor $4G

By Jack Minch, jminch@sentinelandenterprise.com

Updated:
11/15/2012 09:10:34 AM EST

LEOMINSTER -- The state Ethics Commission announced on Wednesday that Mayor Dean Mazzarella admitted to two violations of the conflict-of-interest law and fined him $4,000 for directing Community Development Block Grant funds to a neighbor's home in 2007.

Mazzarella used his position as mayor to get $25,119 in repairs to Mario Cavaioli's home at 72 Carter St., even though there were other applicants who were already waiting for funding and the city had not taken financial precautions to make sure it could recoup its investment, according to the commission's ruling.

In the second violation, Mazzarella ordered Housing Rehabilitation Coordinator Joseph Cataldo to renovate the home using CDBG funds even though the mayor didn't file a written public disclosure acknowledging a personal relationship with Cavaioli.

"As the mayor, Mazzarella was in a uniquely powerful position because of the significant authority he held over all city employees," the commission's Executive Director Karen Nober said in a statement. "Furthermore, public officials must make a public disclosure before acting in matters affecting their friends."

The question of ownership lingers over the house.

Mazzarella said Wednesday he is not the owner and his name is not on the title. But commission spokesman David Giannotti said that after the renovations, the mayor gained ownership.

"It's kind of curious, and inquiring minds might want to know at what point he developed an interest in the property," Giannotti said.

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Mazzarella said two of three heirs to the house gave him their interest in the property so he can pay taxes, but ownership will revert back to them when probate is completed or go to the city.

The commission's penalties are retroactive to 2007, Giannotti said.

Had the offenses occurred after September 2009, when rules were changed, the penalties could have been $10,000 each as well as restitution or reimbursement, he said.

Cataldo declined to comment Wednesday evening without first getting permission from Mazzarella's office.

Mazzarella remains convinced there was nothing wrong about the way he went about helping his neighbor.

"I'm proud of the fact I was able to help him out," he said. "I'm proud that I helped a veteran."

His attorney, Robert Antonioni, said he urged Mazzarella to reach a settlement but he only did so grudgingly.

"That was a problem for him because he doesn't believe he did anything wrong," Antonioni said. "The one thing he did wrong was not filing paperwork with the city clerk's office" outlining his relationship with Cavaioli.

Mazzarella is paying a $4,000 fine but would have paid $10,000 or $20,000 in legal fees to fight the case so even a victory would have been far more expensive, Antonioni said.

Mazzarella said he was only watching out for a World War II veteran whom he had promised would never be taken from his house to live in a nursing home.

Cavaioli and his brother, Ed, returned from the war emotionally scarred by combat and became recluses.

Mazzarella and his brother Frank grew up talking to Cavaioli through a window in the front door and taking on increasing responsibilities caring for him as he grew up.

When Ed Cavaioli died, Mario Cavaioli remained in the home alone but only used a couple rooms. He refused to have any work done on the property if it required building permits so the roof leaked and paint peeled as the salmon-colored house sank into disrepair.

In 2006, Mazzarella spoke to Cavaioli through the back door and could hear the kitchen faucet running. By the third day, the water was still running and Cavaioli was speaking incoherently so Mazzarella went inside and found him bleeding from the head under the kitchen table where he had hit his head and fallen.

He was admitted to HealthAlliance Hospital for a few days against his will.

A social worker determined the house was so filthy it was unfit for living, Mazzarella said. A ServPro franchise said the home was too filthy to clean and there was even airborne urine, Frank Mazzarella said.

He approached Planning Director Kate Griffin-Brooks and Andrew Taylor about using CDBG funds for emergency repairs.

"I never talked to Joe Cataldo about it," Mazzarella said.

Cavaioli qualified for emergency funding because he was a veteran and the home needed repairs, said Grants Administrator Wendy Wiiks.

"I didn't need to do anything," Mazzarella said. "Mario just needed to make a phone call and it would have been done."

A building permit dated Jan. 10, 2008, indicates the work included five new windows, remodeling of a small kitchen and bathroom, carpeting, electrical and plumbing work and painting.

The house was a hovel, Griffin-Brooks said, adding that most of the CDBG money has been spent on emergency rehabilitation projects in recent years.

Cavaioli didn't jump to the head of the list because he knew the mayor. He got fast action because he needed help, he was a veteran and that is what the money is meant to help in emergencies, she said.

"It's the kind of project we do all the time," Griffin-Brooks said. "We put veterans at the top of the list."

Wiiks said there wasn't even a list and nobody was put off because work was done on Cavaioli's home. In fact, the CDBG account had more than $55,000 left at the end of the year, she said.

She spoke to the commission's investigating team 2 1/2 hours and disagreed with the finding.

"This should not be the end result," Cote said. "Believe me, the house was falling down around him so it was an emergency situation, when it is an emergency sit it should be brought to the top."

Ward 1 Councilor David Rowlands wants Mazzarella to apologize to the public and to council President John Dombrowski, who challenged the rehab project during a meeting in April 2011.

"In my opinion, he (Mazzarella) owes not only the taxpayers an apology for misuse of taxpayer money but the council president for his demeanor and attitude when he asked a legitimate question," Rowlands said.

It is arrogant for Mazzarella to admit unethical behavior to the commission then publicly claim he did nothing wrong, he said.

Dombrowski agreed with the commission's decision and said it is time to move on to new problems.

"What happened was wrong and I was in a difficult position back in April 2011 and I had to ask some difficult questions that made people feel uncomfortable and I took some undeserved heat for it," Dombrowski said.

The settlement was negotiated three or four weeks ago and Mazzarella said it had nothing to do with his decision not to extend Director of Inspectional Services Edward Cataldo's appointment.

Mazzarella has posted his documents regarding the case on the Internet website http://72carter.com

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